Paternity cases can be highly complex and it is important for you to get the right attorney with adequate legal experience to offer you legal representation through difficult circumstances. You can get in touch with our qualified Glendale paternity lawyers to schedule your initial consultation.
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As a father seeking the custody of your child or as a mother attempting to prove that the person that is seeking custody is not or is the biological or legal father you can contact an attorney to help you deal with these issues.
Establishing paternity or proving that the one claiming paternity is not the father of the child is core in determining the family law matters you are facing. Our goal is to help you get a definite answer in regards to your paternity case.
Paternity is a term that is used to define the state of being someone’s father. The issue of paternity will most of the time come about when unmarried couples have a child together. However, the issue of paternity can also arise among married couples when they are getting divorced or going through a legal separation.
Either a mother or father can move forward to file a petition of establishing paternity and get started with the process of legal paternity for the child or children. Resolution for paternity matters can happen in or out of the courtroom.
No matter where you decide to resolve your paternity issues the process would be smoother if you have a family law attorney to walk with you.
How Long Do You Have to File a Paternity Claim in AZ?
Pursuant to A.R.S. § 12-631, an unmarried woman has a period of one year in which they can raise a paternity suit against the putative father. It is necessary for the action to be brought within a period of one year after the child is born.
The action is then declared cumulative to the solutions provided through other statutes. A.R.S. § 12-841 et seq states that the mother of the child can bring an action against the defendant in the name of the state in order to prove paternity.
In the case where the accused is found to be guilty or to be the father of the child, he will be declared the father of the child. As the father of the child, he will be charged with the maintenance of the child until they are no longer classified as minors.
If the child becomes a public charge or is likely to become a public charge the state can initiate action on its complaint according to the A.R.S. § 12-850.
Why You Need to Prove Paternity
There are a variety of reasons why an individual would need or can be ordered to take a paternity test. Below are some of the main reasons why:
If a mother wants to get child support compensation for their child they will need to prove that the man they are seeking compensation from is really the father of their child especially if the man denies the claim that they are the father. A paternity test will be necessary most of the time if the mother is applying to get state aid so she can raise her child.
Most states will refuse to grant the mother financial help unless they have already sought assistance to receive child support payments from the father of the child.
Avoiding Child Support
As a man that is being asked to pay child support payments for a child that you may not have fathered you should know that most of the states have put measures in place that help in the tracking down of fathers that cannot be located and those that are hiding from their responsibility of paying child support by claiming that they are not the father of the child in question.
When the man is located, the court orders for a paternity test to be carried out so it can be determined if the man is the father of the child. When paternity is established the father can start meeting their child support obligation.
Helpful for Fathers
If you are being held accountable and are paying child support obligations for a child that is not yours taking a paternity test is a definite way to help you determine if there is a need for you to keep making the child support payments. For the test to count you need to take a court-approved test so you can be able to prove that you are not the father of the child.
By carrying out a paternity test you can be legally absolved from a child support obligation.
If you are going through the process of divorce and would like to resolve the issue of paternity you can talk to our attorneys. Most people wish to have an amicable divorce through mediation. Even so, it is not always applicable to all divorce couples. In both cases, it is best to go through a divorce with attorneys throughout the entire divorce process.
We value client relationships and our experienced paternity attorney knows each situation is different and there are simpler issues and that is why we offer compassionate representation. give us a call and tell us your exact circumstance.
How to Establish Paternity
The best way to establish the paternity of the father is by naming the father on the birth certificate. According to the U.S. Department of Health and Human Services regulations, unwed parents or those in broken relationships must be offered an opportunity to establish paternity through voluntary signing an acknowledgment of paternity.
This can happen at the hospital or at a later time. In order to reduce the number of mothers on welfare in most states, they ensure that someone else has an obligation of paying support to the child. The personnel at the hospital do their best to get the father of the child to sign the acknowledgment.
How an Attorney Can Help You With a Paternity Case
When you are on the journey to determine paternity and seek custody it can get difficult due to the legal battles involved. However, you can hire our legal team to help you with your family law issues. When you have decided to hire a lawyer to help with your paternity case it would be great to choose one that suits you and your legal matter or situation.
An attorney will advise you on co-parenting schedules and will help advise you on how to solve child custody issues if you decide to co-parent with the other parent. When you work with an attorney you are able to receive a fair agreement or court-ordered judgment.
Get in touch with our team at Monahan law firm and let us walk you through the entire process.